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Section 6: Detention orders not to be invalid or inoperative on certain grounds

The Andhra Pradesh Preventive Detention Act, 1970.State Act of Andhra Pradesh · Act 1 of 1970

No detention order shall be invalid or inoperative merely by reason –

(a) that one or more of the grounds on which the order is made is or are vague or irrelevant, when the other ground or grounds does not or do not suffer from any such infirmity;

(b) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the officer making the order; or

(c) that the place of detention of such person is outside the said limits.

7. Powers in relation to absconding persons - (1) If the Government or any officer specified in sub-section (2) of section 3, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or officer may-

(a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon 2[the provisions of sections 87, 1 . See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

2 . See the corresponding provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

88 and 89 of the Code of Criminal Procedure, 1898 (Central Act V of 1898)] shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;

(b) by order, notified in the Andhra Pradesh Gazette, direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.

(2) Notwithstanding anything contained in 1[the Code of Criminal Procedure, 1898 (Central Act V of 1898)], every offence under clause (b) of subsection (1) shall be cognizable.

8. Grounds of order of detention to be disclosed to persons affected by the order - (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but not later than five days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government.

(2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

9. Constitution of Advisory Board - (1) The Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.

(2) Every such Board shall consist of three persons who are, or have been or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the Government.

(3) The Government shall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman.

10. Reference to Advisory Board - In every case where a detention order has been made under this Act, the Government shall, within thirty days from the date of the detention under the order, place before the Advisory Board 1 . See the corresponding provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

constituted by it under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer, also the report by such officer under sub-section (3) of section 3.

Where this provision sits

ActThe Andhra Pradesh Preventive Detention Act, 1970.
Section6
Marginal noteDetention orders not to be invalid or inoperative on certain grounds
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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